Commonwealth v. Rodriguez

After a jury trial in Superior Court, the defendant was found guilty of rape aggravated by kidnapping, G. L. c. 265, *268§ 22(a); kidnapping aggravated by sexual assault, G. L. c. 265, § 26, third par.; and indecent assault and battery, G. L. c. 265, § 13H. The judge sentenced him on the aggravated rape and indecent assault and battery charges, and placed the indictment for aggravated kidnapping on file over the defendant’s objection. The defendant’s appellate arguments relate chiefly to the filed indictment. He argues, inter alla, that the jury instruction setting forth the elements of…